Michael F. Aylward Partner

Boston, MA

Phone: (617) 439-7556 Fax: (617) 342-4913 Download VCard

Michael F. Aylward

Michael is a partner in the Boston office of Morrison Mahoney, where he chairs the firm's complex insurance claims resolution group.  For the past four decades, he has represented insurers and reinsurers in disputes around the country concerning the application of liability insurance policies to commercial claims involving intellectual property disputes, environmental and mass tort claims and construction defect litigation as well as bad faith claims arising out of such disputes. Michael has also served as an AAA-certified arbitrator in numerous insurance coverage matters and has testified as an expert in matters involving coverage and reinsurance issues arising out of such claims. He has taken a leading role in the major defense bar associations, including DRI, FDCC and IADC and is a founding member of the American College of Coverage and Extra-Contractual Counsel.

Michael has delivered over a hundred papers over the past four decades on issues relating to insurance coverage, bad faith, emerging liability topics and, most recently, cognitive issues involving the reading of digital briefs by appellate judges; cyber-threats to the U.S. energy grid and the potential impact of the American Law Institute’s Restatement of Law, Liability Insurance on the scope and prosecution of bad faith claims in the United States.

REPRESENTATIVE EXPERIENCE

  • Liberty Mutual Ins. Co. v. SCA Services, Inc., 412 Mass. 330 (1992)(pollution exclusion)

  • Independent Petrochemical Corp. v. Aetna Cas. & Sur. Co., 995 F.2d 305 (D.C. Cir. 1993)(pollution exclusion)

  • Concord Hospital v. New Hampshire Medical Malpractice Joint Underwriting Assoc., 633 A.2d 1384 (N.H. 1993)(interpretation of “claims made” reporting requirements)

  • SCA Services, Inc. v. Transportation Ins. Co., 419 Mass. 527 (1995)(affirming viability of “known loss” doctrine)

  • CPC Int’l, Inc.  v.  Northbrook Excess & Surplus Ins.  Co., 144 F.3d 35 (1st Cir.  1998)(scope of pollution exclusion under Rhode Island law)

  • EnergyNorth Natural Gas, Inc. v. Continental Ins. Co., 781 A.2d 969 (N.H. 2001)(gas utility’s historical discharge of pollutants not an “occurrence”)

  • CAT Internet Systems, Inc. v. Providence Washington Ins. Co., 333 F.3d 138 (3d Cir. 2002)(“personal and advertising injury” coverage for “cybersquatting” claims)

  • City Fuel Corp. v. National Fire Ins. Co., 446 Mass. 638 (2006)(scope of commercial auto coverage for fuel spill)

  • Terra Nova Ins. Co. v. Evan Fray-Witzer, 449 Mass. 406 (2007)(availability of “personal and advertising injury” coverage for junk fax claims)

  • Cynosure, Inc. v. St. Paul Fire & Marine Ins. Co., 645 F.3d 1 (1st Cir. 2011) )(availability of “personal and advertising injury” coverage for junk fax claims)

  • Rass Corporation v. Travelers Companies, Inc.,  90 Mass. App. Ct. 643 (2016)(“pre-tender defense fees; allocation, bad faith)

  • Fallon v. Bond Brothers, Inc., 15-P-875 (Mass. App. Ct. March 2, 2017)(alleged bad faith failure to settle). 

PUBLICATIONS

  • The Law and Practice of Insurance Litigation (West 2005)

  • New Appleman insurance treatise (2007 and 2010)

  • Emerging Issues in the CGL (National Underwriter 2008)

  • Environmental Liability and Insurance treatise

  • Reinsurance Desk Handbook (Thompson Reuters 2015)

  • Punitive Damages:  The Unfulfilled Promise of State Farm v. Campbell   For the Defense.  Defense Research Institute (March 2005)

  • Crime, Coverage and the Clergy.  Defense Counsel Journal.  June 2002 (Vol. 70, No. 2).

SPEAKING ENGAGEMENTS

  •  The Reluctant Insured: Ethical Issues and Settlement Tensions between Insureds and Insurers. Insurance Coverage and Practice Symposium, Defense Research Institute (New York City, NY: December 2017)

  • American Law Institute Restatement, Law of Liability Insurance. Seminar, University of Connecticut Law School (Hartford, CT: November 2017)

  • The Rise of Third Party Litigation Funding and Its Implications for Disputes between Insurers and Policyholders. American College of Coverage and Extra-Contractual Counsel Third Annual Law School Symposium (Ann Arbor, MI: October 2017)

  • Update on Insurance Coverage for Long-Tail Pollution and Mass Torts. National Forum for Environmental and Toxic Torts Issues (Chicago, IL: October 2017)

  • A Question of Intent:  The Role of Fortuity in Liability Insurance. PLRB Claims Workshop  (Boston, MA:  April 2017)

  • Instituting Coverage:  The Future of the ALI’s Insurance Restatement.  DRI Regional Claims Conference  (Hartford, CT:  October 2016)
  • Insurance for Non-Coverage Lawyers:  MCLE Seminar (Boston, MA:  October 2016)
  • Reading Policies:  The Role of Interpretative Principles in Guiding Coverage.  DRI Insurance Coverage and Practice Symposium (New York, NY: December 2015)
  • Update on Long-Tail Coverage Disputes.   FETTI Claims Conference (Chicago, IL:  October 2015)
  • Nanotechnology:  Liability and Coverage Issues.  Emerging and Environmental Claims Managers Association Claims Conference  (Captiva, FL:   May 2014)
  • Cyber Piracy:  Lessons Learned.  PLUS Seminar (Boston, MA: June 2013)
  • The Use and Abuse of Experts in Insurance Coverage Litigation.  DRI Insurance Coverage and Claims Institute (Chicago, IL: April 2013)
  • Insurers, Insureds and Their Lawyers.  Massachusetts Continuing Legal Education (Boston, MA: November 2009)
  • The “Genuine Dispute” Doctrine:  Death of a Bad Faith Defense?  DRI Bad Faith Seminar (Boston, MA: June 2009)
  • Emerging Issues Concerning The Independent Counsel Doctrine.  Property Loss Research Bureau Regional Meeting (Providence, RI:  June 2009)
  • Third Party Litigation Funding.   Joint International Claims Conference (Barcelona: October 2008)
  • Other People’s Money:  Legal, Practical and Ethical Issues Arising Out of Additional Insured Claims.  DRI Insurance Coverage and Practice Symposium (New York, NY: December 6, 2006)
  • Ethical Issues Arising Out Of Insurer Defense of Intellectual Property Cases.   Intellectual Property Litigation and Insurance Seminar.  DRI.  (Miami, FL: November 2006)
  • New Trends In Court Interpretations of The Absolute Pollution Exclusion.  American Conference Institute (New York, NY:  December 2005)
  • The Blame Game:  Construction Defect Claims Under CGL Policies. DRI Construction Defect Litigation Seminar (Phoenix, AZ: September 2004)
  • Does Murder Pay?  When Is There  Coverage For Criminal Acts?  Property Loss Research Bureau National Claims Conference  (Chicago, IL: March, 2004)
  • Mold:  The Great Debate.  Property Loss Research Bureau.  St. Louis, Missouri.  July 14, 2003
  • Protecting The Privilege: Evidentiary Challenges In Coverage Litigation.  Defense Research Institute (2001)
  • "Y2K: The War Is Over!  Will The Coverage Battles Now Begin?  Defense Research Institute (Tampa, FL: February 2000)
  • Indoor Air Quality Claims and Sick Building Litigation.  International Association of Defense Counsel (Pebble Beach, CA: February 1997)
  • When Sweetheart Deals Go Sour:  Collusion, Consent Judgments and Coverage.  DRI Insurance Coverage Symposium (San Francisco, CA: June 1997)
  • In For A Penny, In For A Pound:  The Allocation of Defense Costs In Liability Insurance Coverage Disputes. British Insurance Law Association (London:  September 1996)
  • The Policyholder's Quest for a Joint and Several "Occurrence": North American Re Environmental Claims Conference (Nashville, TN:   October 1993)

MEMBERSHIPS

  • American College of Coverage and Extra-Contractual Counsel, Secretary-Treasurer
  • American Law Institute, Advisor on Restatement of Law, Liability Insurance
  • Defense Research Institute (DRI), past member - Board of Directors, past Chair - Law Institute, and past Chair- Insurance Law Committee
  • Federation of Defense and Corporate Counsel (FDCC), Chair - Reinsurance, Excess and Surplus Lines Section
  • International Association of Defense Counsel (IADC), Board of Editors, Defense Counsel Journal, past Chair - Reinsurance, Excess and Surplus Lines Committee
  • Massachusetts Defense Lawyers Association (MassDLA), Chair - Insurance Law Committee
  • Massachusetts Reinsurance Bar Association, Secretary, 2009-2012
  • Society of Colonial Wars in Massachusetts, Lieutenant Governor

Honors & Awards

  • DRI Outstanding Committee Chair (2002)
  • DRI G. Duffield Smith Award for Outstanding Legal Writing (2006)
  • Thomas E. Segalla Award from American College of Coverage and Extra-Contractual Counsel (2017)
  • International Who’s Who of Insurance and Reinsurance Lawyers
  • Euro Money Guide To the World's Leading Insurance and Reinsurance Lawyers
  • Massachusetts Superlawyer (2005-2017)

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Boston, MA Office

250 Summer Street
Boston, MA 02210
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Areas of Practice

Bar Admissions

  • New Hampshire
  • Massachusetts

Degrees

  • B.A., cum laude — Dartmouth College
  • J.D., cum laude — Boston College Law School

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